Great Southern Loans v Locator Group

In the case of Great Southern Loans v Locator Group, the plaintiffs sought to restrain proceedings commenced by the defendant in two different courts in Victoria. The first plaintiff sought to restrain proceedings in the Magistrates' Court, and the second plaintiff sought to restrain proceedings in the County Court. The court was required to decide whether the first plaintiff and the defendant were bound by the terms of the licence agreement between the second plaintiff and the defendant, which contained an arbitration clause and an exclusive jurisdiction clause. The court also needed to determine whether the antisuit injunctions should be granted in the exercise of equitable jurisdiction, whether the court was a clearly inappropriate forum, whether the Victorian proceedings were vexatious and oppressive, and whether the existence of alternative remedies or comity afforded a basis for refusing relief. Additionally, the court had to decide whether the arbitration and exclusive jurisdiction clauses continued to bind the parties after the purported termination for breach, whether the claims in the Victorian proceedings fell outside the scope of the arbitration and exclusive jurisdiction clauses, and whether section 21 of the Service and Execution of Process Act prevented the grant of antisuit injunction based on the exclusive jurisdiction clause.

The court held that the arbitration and exclusive jurisdiction clauses in the licence agreement continued to bind the parties even after the purported termination for breach. It found that the claims in the Victorian proceedings fell outside the scope of those clauses, and therefore, the court was not a clearly inappropriate forum. The court also held that the existence of alternative remedies, such as arbitration, did not afford a basis for refusing relief, and that comity did not prevent the grant of antisuit injunctions. The court ultimately granted the antisuit injunctions, restraining the proceedings in the Magistrates' Court and the County Court, as the Victorian proceedings were vexatious and oppressive. The court exercised its equitable jurisdiction to grant the injunctions in the interest of justice, taking into account the discretionary factors and the nature of the power to grant antisuit injunctions.